N. RANGASWAMY Vs. S. MAHADEVAIAH

JUDGEMENT

(1.) The present appeal is filed by the complainant, challenging the judgment dtd. 6/5/2017 passed in C.C.No.11707/2016 by the XIII Addl. Chief Metropolitan Magistrate, Bengaluru (hereinafter for brevity referred to as trial Court) , wherein the trial Court has acquitted the present respondent/accused for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as N.I. Act).

(2.) Heard both side. Perused the materials placed before this Court including Lower Court Records. Crl.A.No.863/2017

(3.) The summary of the case of the complainant in the Court below is that the accused who was running a chit business, for which the complainant was a subscriber for a chit of Rs.1,50,000.00 and was paying monthly subscription of Rs.18,000.00 i.e., six thousand per chit was in one bid of one chit. On 10/6/2015, he had not paid the chit amount. Thus, the accused was due for a sum of Rs.4,50,000.00, towards the payment of the said amount the accused issued a post dated cheque bearing No.308274, dtd. 5/3/2016, for a sum of Rs.4,50,000.00 drawn on UCO Bank, Hesaraghatta Road Branch, Bengaluru, in favour of the complainant. When presented for realisation, the said cheque returned dishonoured with the shara Funds Insufficient. Thereafter, the complainant got issued a legal notice to the accused demanding the payment of the cheque. Since the accused did not meet the demand, the complainant was constrained to institute a criminal case Crl.A.No.863/2017 against him for the offence punishable under Sec. 138 of N.I. Act.